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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3110
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband was arrested and charged with theft over a

Customer Question

My husband was arrested and charged with theft over a trailer we borrowed from an ex business partner and returned. He in fact stole from us and did this just for spite.....he has no proof but we in fact have a text message showing where we planned to return it the next day. Can we do anything about it? Arkansas
Submitted: 2 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  CrimDefense replied 2 months ago.

Good morning. Just to be clear, the person allowed it to be borrowed and then said it was stolen? Was it ever returned?

Customer: replied 2 months ago.
he did. We did return it to his business but there is no proof of it, no cameras or anything. We think he hid it.
Expert:  CrimDefense replied 2 months ago.

Oh so he is claiming it was never returned?

Expert:  CrimDefense replied 2 months ago.

Yes, your husband can fight this and contest it. The burden is on the State, to prove and show, beyond a reasonable doubt, that the trailer was taken and never returned. In this case, it is possible he set him up and hid it and tried to get back at him and even filed an insurance claim, to try and make money. As such, you and your husband can testify at trial, as to what happened and show this man has a motive to lie and is trying to get back it him. The text message can be used as evidence to show that there was never any intent to steal it and that it was returned, where you said it would be and that he did something with it after the fact.

Customer: replied 2 months ago.
I assume, not sure if he is saying he never let us borrow it.
Expert:  CrimDefense replied 2 months ago.

That is what needs to be determined. If he let you borrow it and you have evidence of it and/or can testify to it, it further supports his defense.

Expert:  CrimDefense replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!